The Quota Legislation in Brazil and its Implementation in Sao Paulo: Lessons Learned about the Role of Both Public as well as Prive Sector in its Execution
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Transcript The Quota Legislation in Brazil and its Implementation in Sao Paulo: Lessons Learned about the Role of Both Public as well as Prive Sector in its Execution
Lei de Cotas: Looking at
the Implementation of
the Brazilian Employment
Quota in São Paulo, Brazil
Anna C. O’Kelly
Case Study Selection
Emerging Market
Economic and Employment Growth at
National and Municipal levels
Strong Legislation
Importance of understanding impact and
implementation of legislation in Municipal
context
Methodology
Qualitative research design to analyze
the implementation of country-wide
legislation in the context of a vibrant
municipality
Respondents
Law makers
Managers in private and public sector
Disabled Employees
Participation in workshops and meetings
Context
14.5-15% of Brazilian population
Disabled
24-25 Million disabled Brazilians
State of São Paulo: 6,000,000
disabled inhabitants
2010: 100, 021 Employed (1.67%)
City of São Paulo: 1.5 Million
disabled inhabitants
Relevant Legislation
Lei 8213/91
“Quota Legislation”
Companies of 100-200 Employees: 2%
Companies of 200-300 Employees: 3%
Companies of 300-500 Employees: 4%
Companies of 500+ Employees: 5%
Decreto 8213/99
Established Enforcement Body for Quota
Quota Legislation
How Quota is Calculated
Looks at total number of employees in the company
Conflicting Laws?
How it is Enforced – State level
Superintendência Regional do Trabalho e Emprego
Branch of Country-level Ministério do Trabalho e Emprego
Offices located throughout State of São
Paulo
Heavily concentrated in city of São Paulo
Efforts at National level
Institutions: Ministério do Trabalho e
Emprego
Creation of Quota Legislation
Unequal implementation across country
2004: 4 of 26 States in Brazil employing no PWDs
2007: 26 of 26 States in Brazil employing PWDs
Much of implementation left to State
Efforts at State level
Institutions
Ministério do Trabalho e Emprego
Secretaria de Estado dos Direitos da Pessoa com
Deficiência
“Best Performance” in country
First State to have a Secretaria dedicated to
PWDs
Economic performance
Efforts at State level
Impact
2001: Only 12 companies in State employing 601
PWDs
2010: 563 companies employing over 100,000
PWDs
Main Benefit: Financial Resources
“Real goal is to ensure that rights of
PWDS are being respected. Actual
implementation is at the city level”
Efforts at level of Municipality
Institutions
Secretaria Municipal de Desenvolvimento
Economico e do Trabalho
Secretaria Municipal da Pessoa com Deficiência e
Mobilidade Reduzida
Municipality responsible for implementation of
programs designed at State level
Efforts at level of Municipality
Programa Inclusão Eficiente
Partnership between Secretaria Municipal de
Desenvolvimento Economico e do Trabalho and
Secretaria Municipal da Pessoa com Deficiência e
Mobilidade Reduzida
Implemented at Centro do Apoio ao Trabalho
(CAT)
Primary goal: Sensitize companies and provide
resources
Effort at level of Municipality
Programa Inclusão Eficiente (cont’d)
Resources:
Sem Barreiras
Other type of Support
Impact
18,000 PWDs in Programa Inclusão Eficiente database
1,000 new positions available everyday
Continued difficulty filling employer
and employee needs
“Where Will the Quota be in 25
Years?”
“Because the quota removes barriers today, we won’t
need it in the future.” (Maria Isabel da Silva, Secretaria
da Pessoas Com Deficiencias)
“Unfortunately, we will still need the Quota. I wish we
wouldn’t. People are overcoming their prejudices, but
we will always need the Quota’s help.” (Bayard
Picchetto, Legal Director at Itautec)